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Tous les autres exemplaires originaux sont film^s an comment nt par la premidre page qui comporte une empreinte d'impression ou d'illustration at en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la derniire image de cheque microfiche, seion le cas: le symbols — ^ signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmte d des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, il est film^ h partir de Tangle sup^rieur gauche, de gauche h droite, et de haut en bas. en prenant le ncmbre d'images n^cessaire. Les diagrammes suivants iliustrent la m^thode. 1 2 3 1 2 3 4 5 6 ) >. / GHNl'RAI. RULES 6^ ov TnK ELECTION CO U JIT, MONTREAL UXDKU ^ THE COXTUOVKUTKD ELKC'I'IONS ACT, 187:',, i'OR THE JXlJllMUN 01' CANADA. J, j.^VS- -<% — i^ la it -,■?*« :r^- ^' 1 X.; ^^Hontvcal *\.^ V^ £ B ^' I'llLNTI-'l) 1!V .MULV LOVKLL, ST. .VtCKt iLA.S .-• f'^ i'"h \r p"^!"] PRINTED BY . JHN LOVELL, ST. NICHOLAS STREET. 1874. © GENERAL RULES or TBI ELECTION COURT, FOR THI MONTREAL DIVISION, Ur THB PROVINCE OF QUEBEC, K»de under acd by virtae of the Act of the Dominion of Canada, passed 23rd Hay, A.D. 1873 being " THE CONTBOVERTED ELECTIONS ACT, 1873. I. The Presentation of an Election Petition shall be made by leaving it at the office of the Clerk of the Election Court, who, or his Deputy, shall (if required) give a receipt, which may be in the following form : Eeceived, on the day of at the office of the Clerk of the Election Court, a Petition touching the Election of A. B., a member for purporting to be signed by (insert the names of Petitioners.) C. D., Clerk. With the Petition shall also be left a copy thereof for the said Clerk of the Election Court to send to the Returning Officer, pur- suant to section 11 of the Act. II. An Election Petition shall contain the following statomonts- 1. It shall «tato the right of the Petitioner to petition within section 10 of the Act. 2. It Hhall «tate the holding and re.snlt of the Election, and .shall briefly state the facts and groi.nds relied on to sustain ti.e prayer. III. The Petition shall bo divided into paragraphs, each of which, us nearly as may ho, shall bo confined to a distinct portion of tht> subject, and every paragraph shall be numbered consecutively and no costs shall be allowed of drawing or copying any Petition' not substantially in compliance with this Rule, unless otherwise onlere.1 l)y the Court, or one of the Election Judges. JV. The Petition shall conclude with a prayer, as for instance, that some specitied person should be declared duly returned or olectod, or that the Election should be declared void, or that a return may be enforced, (as the case may be), and shall be signed by all the Petitioners. The following form, or one to the like effect, shall bo sufficient. In the Election Court. " The Controverted Elections Act, 187:J, '• L.tciion of a Member for the Hou.se of Commons for (state the place) holden on the Jay of A.D. Dominion of Canada. ^ The Petition of A of (pr of A of Province of Quebec, V and of B of , as the case Montreal Division. ) may he,) whoso names are subscribed. 1. Your Petitioner A is a person (or if more than one, say, your Petitioners are persons) who was (or were) duly qualified to vote at tho above Election, (or claims to have had a ri^'ht to bo roturnod or oloctofi at tho above Election, or v;as a candidate at tho abovo Election). 2. And your Potitioiiei'sstato that (ho Klection waaholden on tho day of A.I). when A B, (J 1), and E F woro candiecified in tho list, except by leave of the Court, or one of the Judges, upon such terras as to amendment of the list, postponement of the inquiry, and payment of costs, as may bo ordered. IX. With tho Election Petition there shall be fylod in writing an election of domicile by the Petitioner or by his Attorney, if he has one, at some place within a mile of the OtPice of the Clerk whoro the said Petition shall be dcposite.l. In default of his doing so, tho Office of the said Clerk .-^hall be dcemeonde„t l,a„ named „„ „ge„tor given an address the eervieo of an Eloetion Petition may bo by delivery of it to th agent or by posting it in a registered letter to the address given a such a tnno that, in the ordinary course of post, it wo>'d bo delivered witliin the prescribed time. In other eases the service must be 'personal on the Kesv.onden, not later than Ove days after the Petition is presented on affidavit »iw.n. . ,at has been done, shall be satisfied that all reasonable effort has been made to etleet personal service and cause the n,at. ter to e„„,„ to the knowledge of the Respondent, in which case the sa,d Judge n,ay order that what has been done shall be considered «.lhc,ent service, subject to sucli conditions as ho „,ay think reasonable. -^ XV. la case of evasion of service, the affixing in a conspicuous place, n th office ot theCIork of the Election Court, a notice of thePeti- .on hanng been presented, stating the Petitioner, the prayer and 1^0 nature of the proposed security, shall be deemed eauiva- Judgls. '"'""' '''""'' '' " "■'""' '^' "" '' ^'- ^^-^<^- XVI. The tleposit of .nonoy, hy way of security forpavn.ent of cost. charges and expense, payable by the Petitioner, shall be ma.le hv payment .nto the hands of the Clerk of , ho Election Court, sulneJt to the orders of the Court or of an EloHiou J udgo. " XVII. All claims to money deposited or to be deposited for payment of costs, charges and expenses payable by the Petitioners, shall be disposed of by the Election Court, or one of the Election Jud.^e. be 9 XVIiI. Monej so deposited shall, if and when the same Ib no longer needed for securing payment of such costs, charges and expenses, be returned or otherwise disposed of as justice may require, by rule of the Election Court, or order of one of the Election Judges. XIX. Such rule or order may be made after such notice of intention to apply, and proof that all just claims have been satisfied or other- wise sufficiently r,rovided for as the Court or one of the Election Judges may require. XX. The rule or order may direct payment either to the party who deposited the same, or to any person entitled to receive the same. XX r. Upon such rule or order being made, the amount shall be paid by the Clerk of the Election Court. • XXII. The Clerk of the Election Court shall keep a book open to in- spection of all parties concerned, in which shall be entered, from time to time, the amount and the petition to which it is applicable, which book may be inspected without payment of any fee. XXIII. The recognizance as security for costs may be acknowledged before one of the Election Judges, or the Clerk of the Election Court, or a Justice of the Peace. There may be one recognizance acknowledged by all the sure- ties, or separate recognizances by one or more (not exceeding four,) as may be convenient. ( 10 XXIV. The recognizance sluill conlaiu tlio name and u.siial j)!ace of abode of each mreiy, with such sufilciont description as shall enable him to bo found or ascertaine.l, and may be as follows :— In the Er,E("n(»N C'ottht. Dominion of Canada, ^ Be it remembered, that on the Province of Quebec, C day of in the year of our Lord 18 To wit : 3 before me (jmmc and description) came A B of {name and description as above prescribed) and acknowledged himself (or severally o.chnowledged themselves) to owe to our Sover- eign Lady the Queen, the sum of one thousand dollars (or the fol- lowing sums) [that is to say] the said D the sum of $ the said E F the sum of $ , the said G H the sum of S , and the said J K the sum of $ , to be levied on (his) (or their respective) goods and chattels, lands and tenements, to the use of our Sovereign Lady the Queen, her heirs and suc- cessors. The condition of this recognizance is that if (here insert the names of all the Petitioners, and if more than one add, or any of them), shall well and truly pay all cowts, chai-ges and expenses, in respect of the Election Petition, signed by him (or them) relating to the Election of a Member for the House of Commons for (here insert the name of the Electoral Division) which shall become payable by the said Petitioner (or Petitioners or any of them) under the " Contro- verted Elections Act, 1873," to any person or persons, then this recognizance to be void, otherwise to stand in full force. (Signed,) (Signatures of Securities.) Taken and acknowledged by the above named (naines of sureties) on the day of at before me C D A Justice of the Peace (or as the case may be.) 11 XXV. The recognizance or recognizancoa shall be left at the office of the Clerk of the Election Court by or on behalf of the Petitioner, in like manner as before prescribed for the hearing of a Petition forthwith after being acknowledged. XXVI. The time for giving notice of any objection to a recognizance, under the 12th section of the Act, shall bo within five days from' the date of service of the notice of the Petition and of the nature of the security, exclusive of the day of service. XXVII. An objection to the recognizance must state the ground or grounds thereof, as that the sureties, or any, and which of them, are insufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognizance has not duly acknowledged the same. XXVIII. An objection made to the security shall be heard and decided by one of the Election Judges, upon summons taken out by either party, to declare the security sufficient or insufficient. XXIX. Such hearing and decision may be either upon affidavit or personal examination of witnesses, or both, as the Judge mav think fit. ^ XXX. If by order made upon such summons the security be declared sufficient, its sufficiency shall be deemed to be established within the meaning of the 13th section of the said Act, and the Petition shall be at issue. 12 XXXI. If by oi*derinade on such summona an objection bo allow oil, and the security be declared insufficient, the Judge shall, in such order, state what amount he deems requisite to make the secui'ity sufficient, and the further prescribed time to remove the objection by deposit shall be within five days from the date of the order, not including the day of the date, and such deposit shall be made in the manner already prescribed. XXXII. The costs of hearing and deciding the objections made to the security given shall be paid as ordered by the Judge, and in default of such order shall form part of the general costs of the petition. XXXIII. The costs of hearing and deciding a& objection upon the grounds of insufficiency of a surety or sureties, shall be paid by the Peti- tioner, and a clause to that effect shall be inserted in the order declaring its sufficiency or insufficiency, unless at the time of leaving the recognizance with the Clerk of the Election Court, there be also left with him an affidavit of the sufficiency of the surety or sureties, sworn by each surety before a Justice of the Peace, which affidavit any Justice of the Peace is thereby author- ized to take, or before some person authorized to take affidavits, in some one of ♦^^ > Superior Courts, that he is seized or possessed of real or personal estate, or both, above what will satisfy his debts, of the clear value of the sum for which he is bound by his recognizance, which affidavit may be as follows : — In the Election Court. " THE CONTEOVEETED ELECTIONS ACT, 1873." I, A. B,, of (as in recognizance) make oath and say, that I am seized or possessed of real (or personal, or real and personal) estate above what will satisfy my debts, of the clear vplue of $ Sworn, &c. 13 XXXIV. Tlic Clerk of tho Election Court shall make out the Election list. In it ho shall insert the names of tho Attorneys of the Potitionoi-s and Respondent, and the elected domicile^, if any. The list may be inspected at the office of the Clerk of the Election Court, at any time during office hours, and shall be put up for that purpose upon a notice board appropriated to proceedings under the said Act, and headed " Gmtrovorted Elections Act, 1873." XXXV. Tho time and place of tho trial of each Election Petition shall be fixed by the Judges of tho Election Court, and notice thereof shall be given in writing, in tho English and French Languagos, by tho Clerk of tho Election Court, by affixing the same in some conspN CU0U9 place in his office, sending one copy by the post to the address given by the Petitioner, another to tho address given by the Pospondent, if any, and a copy by the post to the Sheriff, fifteen days before the day appointed for the trial. The Sheriff shall forthwith luiblish the sanio in the Electoral Division. XXXVI. The affixing of the notice of trial at the office of the Clerk of the Election Court shall be deemed and taken to be notice in tho prescribed manner within the meaning of the Act, and such notice shall not bo vitiated by any miscarriage of, or relating to, the copy or copies thereof to be sent as already directed. XXXVIT. The notice of trial may be in the following form :— In the Election Court. " THE C0XTE07 'UTED ELECTIONS ACT, 1873." ^ Election Petition of (name the EJertoral Division), take notice 14 that the above Petition (or Petition.), will be tried at on tho day of and on such other subsequent days as may be needful. Dated the day of By order, (Signed,) A. B., Clerk of the Election Covrt. XXX7IIL Is^otice of the time and place of the trial of each Election Peti- tion shall bo transmitted by the Clerk of the Election Court to the Clerk of the CroMu in Chanceiy for the Dominion of Canada, and the Clerk of the Crown in Chancery shall, on or before the day fixed for the trial, deliver or cause to be delivered, to the Registrar of the Judge who is to try the Petition or his Deputy, tho Poll Books, for which the Registrar or his Deputy shall give, if required a receipt; and that the Registrar or his Deputy shall keep in safe custody the said Poll Books until the trial is over, and then return the same to the said Clerk of the Crown in Chancery. XXXIX. Any one of the Election Judges may, from time to time, by order made upon the application of a party to the Petition, or by notice m such form aa the Judge may direct to be sent to the Parties postpone the commencement of the trial to such day as he m*y name, and such notice, when received, shall be forthwith made public by the Sheriff or a Bailiff, by reading the same and affixing a copy thereof at the place where the nomination took place. XL. In the event of the Judge not having arrived at the time ap. pointed for the trial, or to which the trial is postponed, the com- 15 moncemeut of the trial shall, ipso facto, stand adjourned to tho ensuing day, aad so from day to day until the arrival of the Judge. XLI. No formal adjournment of the Court for tho trial of an Election Petition shall bo necessary, but tho trial is to be deemed adjourne.1 and may bo continued from day to day until tho enquiry is con- cluded; and in the event of the Judge who begins the trial being disabled by illness or otherwise, it may be continued and con- cluded by any other of tho Election Judges. XLII. Tho application to state a special case may be made by rule in the Election Court when sitting, or by a summons before one of the Election Judges upon hearing the parties. XLIII. AH affidavits and papers in any matter in the Election Court or in any Court for the trial of an Election Petition, may be entitled as follows :— ' J ^ In the Election Court. THE CONTROVERTED ELECTIONS ACT, 1873. ^::Ti;^-^'' '-' ''- ^^-^ ^^ ^---- ^or Cnam. ,. Dominion of Canada. Province of Quebec, Montreal Division, To wit: ^ XLIV. An officer shall be appointed by the Judge who presides at the trial, for each trial of an Election Petition, who shall attend at the trial in like manner as tho Prothonotary of the Superior Court at Enquete and hearing. 16 Such officer may be culled the Registrar of that Court. He by himself, or in case of need his sufficient Deputy, shall perform all the functions incident to the officer of a Court „f J{ecor.l. and also such duties as may be prescribed to him. XLV. The reasonable costs of any witness shall be ascertained by the Registrar of the Court, and the certificate allowing them shall bo under his lumd. XLVI. Tl,e order of a Judge to compel the attendance of a por.son as a witness may bo in the following form : Court for the trial of an Election Petition for {eomiMe the title of the Court), the day of To A. B. {describe the person), you are hereby required at the instance of Petitioner (or Respondent) to attend before the above Court at iplace) on the day of at the hour of (or forthwith, as the case may be), to be examined as a witness in the matter of the said Petition, and to attend the said Court until your examination shall have been completed. As witness my hand, A. B., Judgeof the said Court. XL VII. In order to the commitment of any person for contempt, the warrant may be as follows :— At a Court, holden on at for the trial of an Elec- tion Petition for the (here name the Electoral Division), before the Honorable and one of the Election Judges pur- suant to the "Controverted Elections Act, 1873." Whereas, A B has this day been guilty, and is by the said Court adjudged to be guilty, of a contempt thereof, the said Court does, therefore, sentence the said A B for his said contempt to be imi)risoned in the Qao] f^j. 17 and to pay to our Lady the Queon a fine of $ , and to be further imprisoned in the said Gaol until the said fine be paid. And the Court further orders that the Sherift'of the said District, or, as the case may be), and all Bailifts and officers of the Peace of any County or place where the said A B may bo found, shall take the said A B into custody, and convey him to the said Gaol, and there deliver him into custody of the Gaoler thereof to undergo his said sentence. And the Court fui'ther orders the said Gaoler to receive the said A B into his custody, and him to detain in the said Gaol in pursuance of the said sentence. Signed the day of A. D. ( To be si'jned by the Judge.) XLVIII. Such warrant may be made out and directed to the Sheritf or other person having the execution of process of the Superior Courts, as the case may be, and to all constables and officers of the Peace of the County or place whore the person adjudged guilty of contempt may be found, and such warrant shall be sufficient, without further particularity, and shall and may be executed by the persons to whom it is directed, or any or either of them. XLIX. All Interlocutory questions and matters, shall be heard and disposed of before any one of the Election Judges who shall have the same control over the proceedings under the " Controverted Elections Act, 1873," as a Judge at Enquete and hearing in the ordinary proceedings of the Superior Courts, and such questions and matters may be heard and disposed of by any one of the Elec- tion Judges. 18 «t«e the «,„u„,| „„ „,;L ' ^<'""<'"»" °-- their agent, u ,h„n ported. "'' "" "'■'"''^"«''" " inl^ded to be .„p. Tbo following form shall be ,„ffld„„t,_ I" ''BE Elkciion C'ouitT, " ''''• Controrertoa Elections Act I<17') •■ . I'y of .n,3 p° > ^ ' "'■'"'""> p--"'ed Petition npon th f^tr"" '"'"" '° "'""^ '° -««"■- *- Dated thi, ^ ZyJ'""'"^ '■"'• ''"■■'■"« "» "W'-^'ioo. LII. to the Keapondene. and to the ^ ItoT l'" '''""°"" it public in the Electoral Divisi™ to uhL f'? ""^ ''"' """" forthwith published by the Pet r ""'"" "''«'"'• «--o the EngiiahaVc:;:- ;:,-««---- The following may be the form of Jch Ltice :_ I>f The Election CouaT. " The Controverted Elections Act l«7q >. t . Petition for i^ which ^^ ^^''*^'^" ^spondent, ^tice is hereby given that n ^T"Z '"' on the aay of f f T '" ^^°^" Petitioner has yo^ ^^^o-edattheofficeoftheClerkofthe 19 Election Court, noU,. of „„ „pp|,>„i„„ ,„ ,,i„,j^„„ „_^ of winch „„,„ee the following i. „ copy (set U cut). A,„l 2 have hoen a Petu.oner in re-p„ct of the «aid Flection may .itt „ Ave day, after p^,,,,,,,,,.,, ,, .,,„ „„,„.,., „„j^ ^ - ;" «.vo „ot,c„ .„ „H,i„« of „i» i„,„„ti„n o„ ,„„ „„„,,,„ ,„ „p„,," ; leave to Iw 8ub»tit.,lod a, a IVtilionor. (Sigiieil,) T.rii. A„y pe,.,on who might have been a Petitioner in re»pcc. of ,h, Eiocon towhi..,, ,„„ Petition relate,, may, within five lay. af -.. not,ee „ p„hli,h«l by the Returning Officer, give nntico "a,,,,, .gned by bin, or on hi, behalf, to the Clerk of th E eC h^ he Pet„.oner bat the want of s„ch notice shall not defeat sneh application, If ,n fact made at the hearing. LIT. The time and place for hearing ll,„ application shall be fixed by one 01 th. Election Judges, an„y aiio, „ „,„ .''.'J 22 ■ '■'"• """"■■J- "f "'-' "W, or, ™y „,,„„,„ upon such ter ^Jt to im25ose. tlie triitl— In every ca.se "'""^■''""'■"'^^■"^''"-''---'■-•i^o..«,e.,.,„,-„^^^^ LXTII. I-V "IE Er.E.Th.X CuL-HT. Pi'ovince of Quebec, To wii : To ( SUBPCEXA. I.«la.Hl, Q,,E,. Defcdor of ,1,0 Rail, We command you tJjaf ill nv„„ , . »■' «-o,yofy„,.„o a,„ a ,0. ,"""""«■'*' '■>'"^»'^- !/.<-• Electoral Dk-l,io„^ ,, ^ ■''.°-'''«""" Potitioi, for („„,„, .1.0 „.,,„f ■""-t'o„,„,.„f • 1 . ''V f>I 10-7 I <^'''»clc, 111 the noon of m . , ^ ' ''•>' Jioscd of, to Icstifv all .n,,! • , ' °'' "'l'«™-is<' Ji3- Court for the tn™l„co at tho time ami ,1 / ^ ' ^""«'' "''"' y"" 23 and this you or any of you shall by no moans omit, under the pen- alty upon each of you of one Jmndred pounds W.tnoss the Hon. ^tke senior Flection Jud.e), one of the Judges of our i^lection Court, ut Montreal, the day of I87 (Signed,) A. B., Clerk of the Election Court. LXIV. After the trial of any Election Petition, the Judge «hall return i^reu Tt": ^'^'-^^^^^ ^^-- ^^- -i^-eand proceedings before the «a,d Judge and his finding on the said Petition. LXV. No proceeding under «The Controverted Elections Act, 187.%" «liall be defeated by any mere formal objection. LXVI. Any rule made or to bo made in pursuance of the Ac. .hall be LXVII. Jlclh '^™";"7*"''y "' "- «"!'«-'■ Con,., lb,- the District of i m 1 r T,'- ""'' ''"'" ""''"™ "■' ''""- °f '""' »ffl« by himself or one r f his deijiuies. LXVIII, The Shoriirs Criers and Bailills of the Superior Court, in the c «>re„. .stricts of the Montreal Division, are hereby appointed of the Con t for the truU of Controverted Eloetions, and to nor- for-n therein as sueh officers the san>e duties and fun tions IN ( ( ( ( < 24 The Election Court vrin cv to ™ch o.ho,. day a, „„y I J^' '' -"''"■™l, and adjcu-n ■ y of each iipied hy adjourii COOTEOVEETED ELECTms OP THE DOJimoN. It is hereby cindered Ihat the ibllo„i„g fa (,„ paid to the Attornies of the Election Court i„ connection with contestation of Election. Taking Instructions fron> Petitioner or Respondent j^io 00 Drawing Petition .... p, , 10 00 •Ciach copy Tx . ,. . 2 00 Drawing objections to Bail Bond ^ , 4 00 topy tJiereof r, . ,. . 2 00 Drawing objections to Petition r, „ » 00 topy thereof ,. . 2 00 Drawing answer to objections if required q q^ Copy thereof P, . ,. 2 00 Drawing list of voters objected to under Rule VII . and copy ... 6 00 Drawing list of objections under Rule VIII. and copy iq OO Drawing any Petition or Motion and copy " 4 qq Each necessary attendance at Election Clerk's OfKce ..., .'.' .' .' .' .' 1 oo Each necessary attendance before the Court 2 00 Each day's attendance at trial, including travelling expenles^not exceed- ing fifteen days n . 11 00 Drawing any notice required Each coDv . . 50 Arguing any reserved objection before the Court 4 oO Arguing the cause at trial ^^ ^^ Bill of Costs, copy and attendance at taxation 4 00